Can You Sue for a Traumatic Brain Injury Years Later?
You can sue for a traumatic brain injury (TBI) years later. Often, the symptoms of a brain injury show up months or even years after the accident. If this happens to you, you might still have legal options. However, your right to sue depends on the statute of limitations set by your state and whether certain exceptions apply. In this article, we’ll explain when to take legal action, what deadlines to watch for, and how to protect your rights if time has passed. More about our Washington, DC, traumatic brain injury lawyer here.
When to Sue for a Traumatic Brain Injury
You should consider filing a lawsuit for a traumatic brain injury (TBI) as soon as possible after the injury or as soon as you recognize symptoms that may be linked to a past accident.The amount of time you have to file a lawsuit for a traumatic brain injury (TBI) depends on the statute of limitations in your state. For example, the statute of limitations in Washington, DC, is generally three years from the date of the injury. However, most mild TBIs and concussions don’t show up on scans or cause symptoms right away. Damage can develop slowly, leading to memory loss, mood changes, headaches, and sleep issues months or even years later. These signs are often mistaken for unrelated problems, causing many people to delay getting help.
Exceptions That May Extend Your Right to Sue for TBI Years Later
Most states set strict deadlines for filing personal injury lawsuits, but certain legal exceptions may give you additional time to sue if your case involves any of the following circumstances:
Delayed Discovery of the Injury
In many TBI cases, symptoms such as memory issues, mood changes, or cognitive decline may appear gradually. If you didn’t realize you had a brain injury until months or years after the accident, you might qualify for an extension. Courts often allow lawsuits to move forward if you can prove that the injury wasn’t and couldn’t have been discovered earlier with reasonable effort and medical evaluation.
Mental Incapacity
Some brain injuries can impair your ability to think clearly, make decisions, or understand your legal rights. If your TBI left you mentally incapacitated, the statute of limitations may be paused (or “tolled”) until you regain the ability to act on your own behalf. In such cases, your time to file a lawsuit may start once your condition stabilizes or you receive proper legal representation.
The Injured Person Was a Minor
If the person with the brain injury was under 18 at the time of the accident, most states allow the statute of limitations to be paused until they reach adulthood. In Washington, DC, for example, the countdown typically begins on the injured person’s 18th birthday, giving them additional years to bring a legal claim. This protects young victims who may not understand their condition or legal rights until later.
Fraud or Concealment by the Defendant
In rare cases, a defendant or responsible party may take steps to hide the cause of the injury, delay a diagnosis, or prevent the victim from discovering what happened. If a healthcare provider, employer, or other party actively concealed information about your injury or the event that caused it, the court may pause the statute of limitations until the truth is uncovered.
Ongoing Medical Treatment and Misdiagnosis
If a doctor misdiagnosed your injury or failed to identify signs of brain trauma, you may not have been aware of your condition in time to sue. This is especially relevant if you sought medical help but were told your symptoms were due to anxiety, depression, or age-related decline. If the misdiagnosis caused you to miss the filing deadline, a skilled attorney may argue that your timeline should be extended.
Challenges of Suing for Delayed TBI Symptoms
Courts may allow late claims for traumatic brain injuries, but you’ll still face several challenges that can make it harder to win your case.Here are some common difficulties you might encounter:
Proving the Link Between the Injury and the Accident
When symptoms appear long after the initial incident, proving that the event caused the injury becomes more difficult. The defense may argue that your condition resulted from another cause, such as aging, stress, or a separate incident. You’ll need strong medical documentation and possibly expert testimony to show that your current symptoms are directly related to your earlier trauma.
Lost or Missing Evidence
Evidence from the original accident, such as witness statements, accident reports, or video footage, may no longer be available. Over time, critical details can be lost, and physical evidence may degrade or disappear entirely. Reconstructing the event years later can be difficult for your legal team.
Fading Memories
As time passes, people’s memories of what happened naturally fade. Witnesses may be more challenging to locate, and even if they are available, their recollection may not be as clear or helpful. This can weaken your case and give the defense more room to create doubt.
Insurance Company Resistance
Insurance companies are often more aggressive in disputing delayed claims. They may question the timing of your diagnosis, the accuracy of your medical history, and your decision to wait before seeking legal action. Their goal is to limit payouts, and they often use the delay against you.
Higher Burden on Your Legal Team
The longer you wait to file a lawsuit, the more effort your attorney must invest to build a strong case. This includes tracking down old records, consulting with specialists, and defending your right to file despite the delay.
Act Now If Your Brain Injury Stems from an Old Accident
If you believe your current symptoms are linked to a past accident, taking the proper steps now can protect your legal rights. Start by seeking a thorough medical evaluation to confirm a possible connection. Keep detailed records of your symptoms, treatments, and any prior incidents that may have caused the injury.Next, speak with a personal injury lawyer who understands traumatic brain injury cases. An attorney can review your medical history, evaluate whether an exception to the statute of limitations applies, and advise you on the best course of action. Delaying further could make your case more complex, so acting promptly is essential.
FAQs
Can you treat a TBI years later?
Traumatic brain injuries can often be treated years after the initial event. Treatment may include therapy, medication, or cognitive rehabilitation to manage ongoing symptoms and improve quality of life.
Can brain damage be detected years later?
Brain damage can be detected years later through medical imaging, neurological evaluations, and cognitive assessments. If symptoms develop or worsen over time, a doctor can help identify the cause and link it to an earlier injury.
